Roman litigation

The form process or the form method is process characterized in Roman law that by using numerous, formed from the actio of the plaintiff and the defendant a possible exceptio method formulas ( process program).

Form process ( by Agere formulam ) means the process is determined by a formula set out by the Court Magistrate Judge. The decision should be based on specific words contained in the formula: Judge establishment, armed program, plea, cause of action and conviction.

It is disputed whether in Roman law of the Praetor or the parties set the process program. The outward appearance, the formula was probably certificate.

Timeline: Roman development process types

Roman development process types

The form process was historically the Legisaktionenverfahren ( Lege transient - acting according to fixed formulas saying that had to be spoken by the parties before the magistrate ) operating systems. During the 2 / 1 Century BC was the Legisaktionenverfahren ousted from form process and 17 BC abolished (with few exceptions). The form process was formally abolished in the course of the 3rd century AD by the cognitive process (of Cognitio, examination and decision of a legally relevant question by a public official ) displaced 342 AD.

Blank certificate form in the process

Blank certificate are representative names in the Roman form process:

  • AULUS AGERIUS (AA) - ​​knife blank for the name of the applicant
  • Numerius NEGIDIUS (NN) - knife blank for the name of the defendant
  • REM - knife blank for the actual name of the thing
  • LUCIUS - Example of the name of the judge

Aureus with Emperor Marcus Opellius Macrinus and curule chair

Time frame in comparison to the development of Rome

Curule seat
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